(110 ILCS 710/5) (from Ch. 144, par. 355)
Sec. 5.
Security of
bonds.
In connection with the issuance of any bonds under this Act, and in
order to secure the payment of any such bonds and the interest thereon, the
Board shall have power for each such University:
1. To fix, maintain and collect (a) fees, rentals and other charges from
students, staff members and others using or being served by, or having the
right to use or the right to be served by, or to operate any project, (b)
health, hospital, medical, laboratory, admission, student activities,
student services, and all other fees collected from students matriculated,
registered or otherwise enrolled at and attending each such University and
(c) rentals from any facility or building leased to the United States of
America, the aggregate of which shall be sufficient at all times to pay all
necessary expenses of the operation and maintenance of any project, to pay
the bonds at maturity and accruing interest thereon in accordance with
their terms, and to create and maintain all reserves therefor as provided
by the resolution authorizing said bonds.
2. To provide that bonds issued under this Act, subject only to the
prior payment of the operation and maintenance expenses of any project,
shall be payable from and secured by a pledge of and lien on all or any
part of the income and revenues derived from, and to pledge and assign to,
or in trust for the benefit of, the holder or holders of bonds issued under
this Act all or any part of the income and revenues derived from (a) fees,
rentals and other charges from students, staff members and others using or
being served by, or having the right to use or the right to be served by,
or to operate, any project, (b) health, hospital, medical, laboratory,
admission, student activities, student services, and all other fees
collected from students matriculated, registered or otherwise enrolled at
and attending each such University and (c) rentals from any facility or
building leased to the United States of America; provided that, if said
Board provides that any bonds issued under this Act shall be payable from
the income and revenues of any project heretofore acquired, any such
provision for the payment of said bonds from the income and revenues of any
such project heretofore acquired shall be subject to, and in all respects
in full conformity and compliance with, the rights of the holders of any
bonds or obligations payable from the income and revenues of any such
project heretofore issued by the Board and then outstanding.
3. To covenant with or for the benefit of the holder or holders of the
bonds issued under this Act that so long as any such bonds shall remain
outstanding and unpaid the Board will fix, maintain and collect in such
installments as may be agreed upon (a) fees, rentals and other charges from
students, staff members and others using or being served by, or having the
right to use or the right to be served by, or to operate any project, (b)
health, hospital, medical, laboratory, admission, student activities,
student services, and all other fees collected from students matriculated,
registered or otherwise enrolled at and attending each such University
pledged under the terms of any resolution authorizing bonds pursuant to
this Act, and (c) rentals from any facility or building leased to the
United States of America, the aggregate of which shall be sufficient at all
times to pay all necessary expenses of the operation and maintenance of any
project, to pay the bonds at maturity and accruing interest thereon in
accordance with their terms, and to create and maintain all reserves
therefor as provided by the resolution authorizing said bonds, until said
bonds and accruing interest have been paid in accordance with their terms.
4. To covenant with or for the benefit of the holder or holders of bonds
issued under this Act as to all matters deemed advisable by the Board,
including:
(a) The purposes, terms and conditions for the issuance of additional
parity or junior lien bonds that may thereafter be issued, and for the
payment of the principal, redemption premiums and interest on such bonds.
(b) The kind and amount of all insurance to be carried, the cost of
which shall be charged as an operation and maintenance expense of any
project.
(c) The operation, maintenance and management of any project to assure
the maximum use and occupancy thereof; the accounting for, and the auditing
of, all income and revenue from, and all expenses of, any project; the
employment of engineers and consultants; and the keeping of records,
reports and audits of any project.
(d) The obligation of the Board to maintain any project in good
condition and to operate the same at all times in an economical and
efficient manner.
(e) The terms and conditions for creating and maintaining sinking funds,
reserve funds, and such other special funds as may be created in the
resolution authorizing said bonds, separate and apart from all other funds
and accounts of said Board and said University.
(f) The procedure by which the terms of any contract with the holders of
the bonds may be amended, the amount of bonds the holders of which must
consent thereto, and the manner in which consent may be given.
(g) Providing the procedure for refunding such bonds.
(h) Such other covenants as may be deemed necessary or desirable to
assure a successful operation of any project and the prompt payment of the
principal of and interest upon the bonds so authorized.
5. To make and enforce and agree to make and enforce parietal rules that
shall insure the use of any project to the maximum extent to which such
project is capable of serving students, staff members and others using or
being served by, or having the right to use or the right to be served by,
or to operate, any project.
6. To covenant that so long as any of the bonds issued under this Act
shall remain outstanding and unpaid, it will not, except upon such terms
and conditions as may be determined:
(i) Voluntarily create or cause to be created any debt, lien, mortgage,
pledge, assignment, encumbrance or other charge having priority to the lien
of the bonds issued under this Act upon any of the income and revenues
derived from (a) all fees, rentals and other charges from students, staff
members and others using or being served by, or having the right to use or
the right to be served by, or to operate, any project, (b) all health,
hospital, medical, laboratory, admission, student activities, student
services, and all other fees collected from students matriculated,
registered or otherwise enrolled at and attending each such University and
(c) all rentals from any facility or building leased to the United States
of America.
(ii) Convey or otherwise alienate any project or the real estate upon
which such project shall be located, except at a price sufficient to pay
all the bonds issued for such project then outstanding and interest accrued
thereon, and then only in accordance with any agreements with the holder or
holders of such bonds.
7. To vest in a trustee or trustees the right to receive all or any part
of the income and revenue pledged and assigned to, or for the benefit of
the holder or holders of bonds issued under this Act, and to hold, apply
and dispose of the same and the right to enforce any covenant made to
secure or pay or in relation to the bonds; execute and deliver a trust
agreement or trust agreements which may set forth the powers and duties and
the remedies available to such trustee or trustees and limiting the
liabilities thereof and describing what occurrences shall constitute events
of default and prescribing the terms and conditions upon which such trustee
or trustees or the holder or holders of any specified amount or percentage
of such bonds may exercise such rights and enforce any and all such
covenants and resort to such remedies as may be appropriate.
8. To covenant to perform any and all acts and to do any and all such
things as may be necessary or convenient or desirable in order to secure
its bonds, or as may in the judgment of the Board tend to make the bonds
more marketable, notwithstanding that such acts or things may not be
enumerated herein, it being the intention hereof to give the Board issuing
bonds pursuant to this Act power to make all covenants, to perform all acts
and to do all things not inconsistent with the constitution of the State of
Illinois.
(Source: Laws 1967, p. 1252.)
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